Canada Case Law

Yin v. Zhang Estate

Court

British Columbia Court of Appeal

Extension of time was granted because appellants demonstrated a continued bona fide intention to appeal, respondents would not be unduly prejudiced by the delay, and it was in the interests of justice to decide the appeal on its merits; security for costs was ordered because appellants are in precarious financial circumstances, there is a real risk of non-recovery, the appeal's merits are weak, and the balance of prejudice favours requiring security for both the appeal and the Supreme Court proceedings.

Source excerpt

• Extension of time to file appeal record and factum
• Security for costs of appeal and trial
• Substitutional service and adding non-parties
• Stay of enforcement
• Remedial constructive trust
• Punitive damages

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R & P Petroleum Inc. v. Eternal Vibes Inc. (Phoenix Fuel)

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario dismissed an appeal and ordered dismissal of the action after the respondents failed to pay ordered security for costs.

• Security for costs order
• Rule 61.06(2) r.r.o. 1990, reg. 194
• Dismissal for non-compliance
• Costs order
• Security-for-costs
• Civil-procedure

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Byrd v. Douglas K. Murdoch Revocable Trust

Court

Court of Appeal for Ontario

The Ontario Court of Appeal dismissed panel review motions, upheld security for costs, and allowed 30 days to pay the security or the appeal will be dismissed.

• Panel review under s.7(5) courts of justice act
• Security for costs under r.61.06(1) and r.56.01
• Motion judge deference
• Leave to obtain transcript
• Costs awards
• Dismissal for abuse of process/res judicata

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Buffalo Megan Holding Ltd. v. PKT Holdings Inc.

Court

Supreme Court of British Columbia

La Cour suprême de la Colombie-Britannique rejette les prétentions personnelles de William Wang contre les requérants pour absence de véritable question à juger et ordonne 87 000 $ en sûreté pour frais.

• Summary judgment under rule 9-6
• Collateral/umbrella agreements
• Abuse of process and collateral attack
• Elements of conspiracy
• Quantification and timing of security for costs
• Receiver sale approval

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1600 Davie Limited Partnership v. Metal Yapi Holding Ltd.

Court

Supreme Court of British Columbia

The court ordered Metal Yapi to post further security for costs of $150,000 each to ITC Construction and Siber Façade, with liberty to reapply if trial is adjourned.

• Security for costs
• Pre-trial applications
• Trial adjournment
• Costs protection
• Expert evidence
• Security-for-costs

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Benbella v. National Dental Examining Board of Canada

Court

Court of Appeal for Ontario

The motion was granted and the Court amended its order to direct payment of the $9,000 SCJ Costs Order from the remaining monies held as security for costs because the record demonstrated the security was obtained to secure costs of both the underlying application and the appeal.

Source excerpt

• Security for costs
• Payment of prior costs from security
• Amendment of court order
• Costs of motion

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0928234 B.C. Ltd. v. Starmark Properties Corp.

Court

Supreme Court of British Columbia

The court ordered security for costs of $30,000, stayed the action until it is posted, and allowed the defendants to seek dismissal if unpaid within 14 days.

• Security for costs
• Stay of proceedings
• Costs awards
• Default judgment
• Delay
• Self-represented litigant

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Masjoody v. Pahlavi

Court

Supreme Court of British Columbia

The court struck a prolix defamation and conspiracy pleading, granted leave to re-amend, and dismissed a security-for-costs application.

• Rule 9-5(1) striking pleadings
• Rule 3-1(2) notice of civil claim requirements
• Rule 3-7 prohibition on pleading evidence
• Leave to amend
• Tests for security for costs
• Embarrassing and scandalous pleadings

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Ma v. Wu

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to vary a security for costs order, finding no reversible error and refusing to consider fresh evidence not before the judge.

• Security for costs
• Impecuniosity
• Timeliness
• Fresh evidence
• Access to justice
• Discretionary review

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9383859 Canada Ltd. v. Saeed

Court

Court of Appeal for Ontario

The motion judge properly applied the legal principles: the disputed deposits are part of the underlying litigation and do not negate the need for security for costs; there was no legal or factual basis to set aside the motion judge's order, so the appeal of the motion was dismissed.

Source excerpt

• Security for costs
• Entitlement to deposits
• Motion review standard
• Costs awards

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